ORDER :

ASHWANI KUMAR SINGH, J.

In para-1 of the writ petition, the petitioner has sought for the following reliefs:-

i. A writ in the nature of Habeas Corpus or any other appropriate writ/writs, order/orders, direction to release the victim (Respondent No. 6) and her child in custody of petitioner, victim has been unlawfully detained at Balika Grih Motihari after ignoring the fact that she is major and has voluntarily marriage with a person at her own choice.

ii. A writ in the nature of Certiorari or any appropriate writ/writs, order/orders for quashing the order dated 27.08.2021 and 02.11.2021 passed in Sugauli P.S. Case No. 515 of 2020 by the learned 6th Additional Sessions Judge cum Special Judge, East Champaran, Motihari whereby and where under the learned courts found the victim (Respondent No. 6) minor and sent her to Balika Grih Motihari, ignoring her medical report which suggest her age more than 19 years.

iii. To any other relief/reliefs to which the petitioner is entitled for and the Hon’ble Court deems fit and proper.

2. The case of the petitioner is that on 22.08.2020, his minor daughter X (name changed) aged about 15 years went out of her house to attend the call of nature at about 08:00 PM but she did not return in the night. A hectic search was made to hear from anyone who know her whereabouts. On 23.08.2020 at 10:00 AM, when an enquiry was made from Jaibun Khatoon regarding the whereabouts of her son Wosear Miyan @ Rahamdin Miyan, she and her family members did not give any satisfactory reply. Hence, he suspected that his daughter X was abducted by Wosear Miyan @ Rahamdin Miyan and her family members for the purpose of marriage. When a complaint was made to the Mukhiya of the village in this regard, he told to find out solution through Panchayati whereafter Panchayati was fixed on 09.10.2020 at 04:00 PM but the accused persons did not abide by the directions given by the Mukhiya and the Panches. They threatened that if a complaint would be made to the police, they would have to face dire consequences.

3. On the basis of the aforesaid written report, Sugauli P.S. Case No. 515 of 2020 dated 11.10.2020 was registered under Sections 363, 366A, 504 and 506 of the Indian Penal Code as well as Section 8 of the Protection of Children from Sexual Offences Act and the investigation was taken up.

4. During investigation, the victim was recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) in which she claimed herself to be major and disclosed that she had married to Wosear Miyan @ Rahamdin Miyan out of her own sweet will and out of the wedlock a baby was born.

5. After her statement under Section 164 Cr.P.C. was recorded, the Investigating Officer produced the victim before the learned Special Judge, POCSO Act, East Champaran, Motihari along with her medical report in which the age of the victim was assessed to be 19 years.

6. However, the learned Special Judge, POCSO Act, Motihari vide order dated 27.08.2021 sent the victim along with her minor child to the Balika Grih till further orders ignoring the medical report and relying upon the educational certificate and Aadhar Card produced by the father of the victim in which her date of birth was mentioned as 08.03.2005. The officials of Balika Grih and the Child Welfare Committee, Motihari were directed to properly look upon the victim as well as her minor child with a further direction that the victim be produced before the court on 09.09.2021.

7. The further case of the petitioner is that on 01.11.2021, the petitioner filed an application before the learned Special Judge, POCSO Act, Motihari for release of the victim, claiming her to be major who had voluntarily married Wosear Miyan @ Rahamdin Miyan and has also expressed her desire to live in her matrimonial home, but the learned 6th Additional Sessions Judge, Motihari, East Champaran without considering the age mentioned in the medical report issued by the Sadar Ho